Louisiana 2024 2024 Regular Session

Louisiana House Bill HB754 Chaptered / Bill

                    ENROLLED
ACT No. 231
2024 Regular Session
HOUSE BILL NO. 754
BY REPRESENTATIVE LAFLEUR
1	AN ACT
2 To enact R.S. 13:842.4, relative to the establishment of the Complex Litigation Section Pilot
3 Program in the Nineteenth Judicial District Court; to provide for definitions; to
4 authorize the clerk of court of East Baton Rouge Parish to establish the Complex
5 Litigation Section Pilot Program; to provide for additional filing fees in certain civil
6 suits; to establish the Complex Litigation Section Fund; and to provide for related
7 matters.
8 Be it enacted by the Legislature of Louisiana:
9 Section 1.  R.S. 13:842.4 is hereby enacted to read as follows: 
10 ยง842.4.  Complex Litigation Section Pilot Program; filing fees; Nineteenth Judicial
11	District Court
12	A.  As used in this Section, the term "complex litigation" shall mean a type
13 of civil case that involves multifaceted legal and case management issues requiring
14 all-encompassing judicial management to expedite litigation and promote effective
15 decision-making by all parties and the court.  In order to determine if a case may be
16 referred to the Complex Litigation Section, the court shall consider certain factors
17 including but not limited to the following:
18	(1)  The need for a high degree of case management, including the handling
19 of discovery disputes and motion practice.
20	(2)  The expectation of numerous pre-trial or discovery motions raising
21 difficult, novel, inextricably intertwined, or time consuming legal issues.
22	(3)  The expectation of extensive and intensive document review or in camera
23 inspection by the court.
24	(4)  The presence of a large number of parties represented by separate
25 counsel on the principal action or any cross-claims, reconventional demands, or
26 third-person interventions.
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1	(5)  The need to manage a large amount of physical and electronic documents
2 during the pendency of the suit and at a trial.
3	(6)  The need to manage a large number of expert witnesses.
4	(7)  The anticipation of a lengthy trial duration.
5	(8)  The action satisfies the prerequisites of a class action and may be
6 maintained as a class action under Code of Civil Procedure Article 591, including
7 mass tort actions.
8	(9)  The need for an appointment of a special master.
9	(10)  Any other criteria deemed complex by the court.
10	B.  The Nineteenth Judicial District Court may establish the Complex
11 Litigation Section Fund to provide for additional filing fees for complex litigation
12 cases.  Pursuant to this program, and notwithstanding any other provision of law to
13 the contrary, the clerk of court may demand and receive a filing fee of two hundred
14 dollars for each case referred to the Complex Litigation Section.
15	C.  The clerk of court shall collect all monies generated pursuant to this
16 Section and forward them to the Nineteenth Judicial District Court for placement in
17 a separate account to be designated as the Complex Litigation Section Fund for the
18 Nineteenth Judicial District Court.  The Complex Litigation Section Fund may be
19 used for any operating expenses of the section, including salaries.  The court shall
20 keep accurate records, shall cause to be conducted an annual audit of the fund and
21 the books and accounts relating to the fund, and shall file the audit with the office of
22 the legislative auditor where it shall be available for public inspection.
23	D.  The pilot program authorized by this Section shall be effective for a
24 period of two years, unless extended by the legislature.
SPEAKER OF THE HOUSE OF REPRESENTATIVES
PRESIDENT OF THE SENATE
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED:  
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CODING:  Words in struck through type are deletions from existing law; words underscored
are additions.